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Thursday, June 29, 2017

Ka`u News Briefs Wednesday, July 28, 2017

Calmer days at Punalu`u with local fishermen launching small boats at dawn from a small ramp. In late
June, a lava tour boat operation for 24 passengers met opposition and the owner was cited for damaging
historic Punalu`u Wharf through his attempt to make a bigger boat ramp. Photo by Julia Neal
ALLEGED VIOLATIONS AT PUNALU`U WHARF are in the notice to the lava tour boat operator who is accused of damaging historic structures there. On Wednesday,  June 28, the state Department of Land & Natural Resources issued a Notice of Alleged Violations to the owner of Hang Loose Boat Tours, Simon Velaj. DLNR chair Suzanne Case issued a press release that alleges Velaj committed “Unauthorized Alteration of Historic Properties and Unauthorized Land Use Within the Conservation District.”
Suzanne Case, chair of the state Board of
Land & Natural Resources, issued a
statement on Punalu`u Wharf on
Wednesday. DLNR Photo
    According to the statement, a site inspection by the state “revealed remnants of the historic Punalu`u Wharf have been impacted allegedly with heavy equipment, and significant ground disturbance has occurred within the State Land Use Conservation District.” The wharf displays an engraving showing its historic status – built by K. Ishii in 1916.
    The notice to the Hang Loose owner further states that the changes to the wharf were “not reviewed nor authorized by the Department of Land and Natural Resources. The matter will be scheduled for a decision by the Board of Land and Natural Resources at a time and date to be
announced.”
     Also under investigation by the county and the state are allegations that the company left two piles of dirt on the shore after attempting to excavate land and stones to create a new launching place for the Hang Loose boat. The DLNR is “is also attempting to work with the land owner on mitigation measures with respect to potential impacts in the ocean,” the DLNR stated.
     The DLNR referred to State of Hawai‘i historic preservation laws, which provide that “it is a civil and administrative violation for any person to take, appropriate, excavate, injure, destroy, or alter any historic property or burial site during the course of land development or land alteration activities, without obtaining the required approvals; and State of Hawai‘i Administrative Rules for land use(s) within the State Land Use Conservation District state that no land use (s) shall be conducted in a Conservation District unless a permit or approval is first obtained from the DLNR or the Board of Land and Natural Resources (BLNR).
    “It is alleged that Mr. Velaj failed to obtain any such approvals from the State,” the DLNR points out.
Parts of the historic Punalu`u Wharf were
built in 1916 by K. Ishii.
Photo by Ruth Beauchan
  The historic preservation violation statute states: “Any person who violates this section shall be fined not more than $10,000 for each separate violation. If the violator directly or indirectly has caused the loss of, or damage to, any historic property or burial site, the violator shall be fined an additional amount determined by the court or an administrative adjudicative authority to be equivalent to the value of the lost or damaged historic property or burial site. Each day of continued violation of this provision shall constitute a distinct and separate violation for which the violator may be punished. Equipment used by a violator for the taking, appropriation, excavation, injury, destruction, or alteration of any historic property or burial site, shall be subject to seizure and disposition by the State without compensation to its owner or owners.”
    In addition to the historic preservation fines, the DLNR points to penalties for violations of Land Use Conservation District administrative rules:
     “The Board of Land & Natural Resources may subject individuals to fines of up to $15,000 per violation in addition to administrative costs. If activity continues after written or verbal notice from the DLNR, willful violation may incur an additional fine of up to $15,000 per day per violation for each day in which the violation persists.”
     The issue came up last week when community members saw Velaj excavating at the wharf and asked him to stop. Protectors of the wharf camped there to protect it, live streamed and posted video of the activities and made reports to county and state officials as well as SM Investment Partners, owners of the wharf, boat ramp and surrounding land. SM canceled the license for Hang Loose to operate boat tours from its property.

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Nalu Elaisa
A CALL TO KA`U POLICE concerning a burglary on Paradise Parkway led to the recent arrest and detention of two suspects in Ocean View.
     According to police reports, the neighbor who saw the burglary in progress confronted a 21-year-old man, who attempted to run the neighbor over after he threatened to call the police. The neighbor provided details to the police, and that lead to the identification of Nalu Elaisa as the suspect. Police apprehended Elaisa and discovered that the vehicle he used for the burglary was reportedly stolen.
     A search warrant was executed on the stolen vehicle and residence on Coconut Drive. Police reportedly found drugs and drug related paraphernalia in the vehicle and stolen items from the burglary in the residence. The police also arrested a 31-year-old woman, Klevette Kawaileihua Kainoa as a suspect in burglary, theft and drug offenses. She is being held pending further investigations.
Klevette Kainoa
     Elaisa is being held in lieu of a $23,500 bail, and is facing charges for burglary, reckless endangering, terror threats, unauthorized control of a propelled vehicle, promotion of a dangerous drug, promotion of a detrimental drug and drug paraphernalia.
     Ka’u Police Captain Kenneth Quiocho commented: “Had it not been for the neighbors looking out for each other in Ocean View this might have been another unsolved crime. Neighborhood Watch works, and just telling your neighbor when you are leaving town to keep a watch on your residence is a good practice to deter crime and opportunities for criminals to commit crimes.”
     Quiocho added: “It really was a great team effort involving the police and the community working in partnership to solve crimes. I am very impressed with the cooperative work by our people on this case.”
     The public is encouraged to get involved in Neighborhood Watch programs and to continue to be vigilant and to call police (935-3311 non-emergency) or crime stoppers (961-8300) with information that can assist solving crimes, said police officers.

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Coffee Talk, Fri, June 30, 9:30 – 11 a.m., Kahuku Unit of Hawai‘i Volcanoes National Park. An informal conversation on a wide variety of topics. Ka‘ū coffee, tea and pastries available for purchase. Free.

Ocean View Community Development Corp. meeting, Fri, June 30, 5 p.m., Hawaiian Ranchos office.

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